The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-07-23
IR. GiRLASD'S OPINION
WITH REGARD To THE OWNER
SHIP Of REAL ESTATE.
No Alien Can 0wa Real Estate, but
He May Hold stock in an Ameri-
can Corporation.

WAsHINeros, July 22.-The follow.
ing ie the text OF the Attorney Gen.
erals opinion with regard to the act
10 restrict ownership OF real estate In
the territories 10 American citixsns:
DEPARTMENT ov JUBrios,
WAsHIsaroN, u. o., May ~. 1887.
IL the President:
A reply to your inquiries must be
derived from en- interpret alton Of the
act Of March 8, 1887, entitled "An oct
70 restrict the ownership Of real estate
in tho Territories to American c!t'zsns
and 60 forth.
The inquiries are:
First--Was tho act intended to sp.
ply and does it apply to rnineeY
Sscond-Can aliens lawfully &C.
quire, own and hold shares OF sock
issued by an American corporation
which is the owner OF mineral snds In
the Teiri,oriesf
Third-Woud the advancement OF
money by aliens for the purpose OF
developing mining properly be lawful
Snder the actf
Fourth-Cau aliens lawfully con-
tract with American owners for work
ing mines or making any proper use
Of mineral lands for term OF yearel
The first section OF The act forbids
aliens who have not declared their In
tention 10 become citiseLs OF the
United States and alien corporations
ITO hereafter acquire, hold or own
real estate 80 hereafter acquired or
any interest therein in the Territories
OF the Uaited Slales or In the District
of Columbia" except in the cases
enumerated in the exception and pro-
viso to the section. The second Sec
ton folbids the operating, holding or
owning Of such real es ate hereafter
acquired by any corporation or aseo-
siation in which more than twenty
per cent. Of the stock is or may be
owned by persons, corporations or ~.
sociations not citiEsns Of the United
States. The third section forbids cor.
porations, other than railway, canal
or turnpike companies, to he eSiter
ACQUIRE, hold or own moIe than 5000
acres OF land hereafter acquired, aud
limits railway, canal and turnpike
companies in their acquisition 10 such
lands as may be n, cessaTy TO the
proper operation oil their Toade, csnalt
and turnpikes The fourth s,ction
provides fJTIslture Of the property fol
violations Of the provisions Of
the act. The properly forbidden "a
be acquired, held or owned Ia the fret
section is ''Tesl estate or any Interest
therein" TIE term real estate Is very
comprehensive. II inc ud,s lands ant
every estste that may be inheri 90
which Ia annexed TO, arises out OF, o.
is exerc sahls therein. Ibis term EN-
braces agricultural, mineral desert snC
timber lands aud town sites alike
The phrase "Any interest therein" II
somewhat ambiguous IL might b
constructed that lease for yeirs 10 al
interee. In lands aud land Is real ed
tate, therefore q lease for yeara. 10 Al
interest In real estate. II admits 0
another construction, namely, tina
the words "any interest therein" mus
refer to an interest In real estate; tia
a lease for yesIB or any estate lees thai
free hold In landis not real estate, bu
q chattel real, and is 20 known Ia th
law; that the word therein" refers e
what In law 10 known as real estate
and fs a lease Tor years Is not n
known IL does NOT include lease. Ii
this view OF The act the term woul
signify any proportional part Q
interest In what In known
law as real property, which n sue
would pass ut the death Of the auceI
tor TO the heir and not 10 the admin
istIatJr or executor. IL wse not n
purpose Of the law 10 change the po
icy Of the government 10 such an e,
tent ~ TO exclude immigration, and 10
bid to aD alien even Lawful resident
In the Territories Of the goyernmeI
and the District OF Columbia. Yet th
nrst construction suggested would Q
feet that result. Under II the owns
of properly In the District OF Colun
bia could not lawfully leaie, even Tor
month, n dwelling ~ one DOT q eli
Lsn. The alien emigrant 70 the Ter
tories who had hoped and inteDde
az cit zen in the future, TO make b
home there cBuld cot lawfully obia
a building in which 10 shelter }
family. Such considerations as the
enforce the view that the latter co
structionis In accordance with the
tent OF the Legislation, and that boz
hde ltases ara not intended 10 cor
within range OF the act. No except,
10 the first section relieves from
provisions such real estate or inter-
therein 90 may be acquired
the Ordinary EQUINE Of justice In q
- collection Of debt contracted belo
the paseaee OF the act; but these pl
visions attach with full force 70 del
contracted ARE It's passase. Tho Z
preston In the second section, ~
corporation shall hereafter acquire
hold Or own any real estate hereaf
acquired" relates 10 all future ope
'tlons In real estate, In tbs Territori
or the District Of Columbia. II do
not divest any rights now eIistil
nor preclude American corporate
iron holding real estate now own
by thin, even although more ih
20 ,psT cent. OF their stock may
owued by other than citizens; bat
csst more than ~ per cent. OF th
stock now IL, or at any future ii
should DO he'd and owned by othe
moi cilir.ns or American corporal o
while such per Ce0t. Of stock 30 h
and owned no further acquisition {
be made Of real estate by any su
corporation. TIE scl does not de
the right Of American owners TO b
row money from aliens not 10 seoi
such loans on real estate, bat In
event OF sale on a future loan
alien creditor could not at such 9
become purchaser.
/ therefore reply TO the inqu.i
submitted o. follows:
Rlrst---As missi and real estate,
Unbeatable laler0st 10 real estate,
act does not spply 10 them.
Second.--As stock on q corpoiat
Ia personal, an alien cen lawfully h
and own and holi shares OF stock
sued by an American corporal
which 10 nov the owner OF mine
lands In the Territories; but II